Status of councils as custodian trustee.

Question

If a parish council is a custodian trustee of a village hall and recreation ground should they be recorded as part of the councils assets register?

Answer 1

I think they should.  The assets are vested in the custodian trustee.  The Charity Commission operational guidance (OG39) defines the role of custodian trustee as:-

"In round terms, the custodian trustee holds the title to all the property of the trust but is not involved in the day to day management of the trust. The powers and duties of a custodian trustee are set out in section 4 of the Public Trustee Act 1906."

Whilst the parish council doesn't have the right to dispose of these assets (which remain under the control of the managing trustees), the same could be said of many other parish council assets, e.g. war memorials.

Answer 2

It depends on what ownership rights (if any) have have as a Trustee.  An asset is an object, property, land  or sum of money with defined worth. If they don't own the asset or part of it I don't see how they can record it as one in their register.

Answer 3

We have a long term lease on a pavilion and field and although we don't own it, I was advised to add it to the asset register with a £0 value and an explanatory note.  I would suggest that this would apply to this case too.